Texas 2019 - 86th Regular

Texas House Bill HB1709 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	H.B. No. 1709
	1	+	By: González of El Paso, Frank H.B. No. 1709
	2	+	(Senate Sponsor - Menéndez)
	3	+	(In the Senate - Received from the House April 11, 2019;
	4	+	April 15, 2019, read first time and referred to Committee on Health &
	5	+	Human Services; May 20, 2019, reported favorably by the following
	6	+	vote: Yeas 9, Nays 0; May 20, 2019, sent to printer.)
	7	+	Click here to see the committee vote
2	8
3	9
	10	+	A BILL TO BE ENTITLED
4	11		AN ACT
5	12		relating to the appointment of a surrogate parent for certain
6	13		children in the conservatorship of the Department of Family and
7	14		Protective Services.
8	15		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	16		SECTION 1. Section 25.007(b), Education Code, is amended to
10	17		read as follows:
11	18		(b) In recognition of the challenges faced by students who
12	19		are homeless or in substitute care, the agency shall assist the
13	20		transition of students who are homeless or in substitute care from
14	21		one school to another by:
15	22		(1) ensuring that school records for a student who is
16	23		homeless or in substitute care are transferred to the student's new
17	24		school not later than the 10th working day after the date the
18	25		student begins enrollment at the school;
19	26		(2) developing systems to ease transition of a student
20	27		who is homeless or in substitute care during the first two weeks of
21	28		enrollment at a new school;
22	29		(3) developing procedures for awarding credit,
23	30		including partial credit if appropriate, for course work, including
24	31		electives, completed by a student who is homeless or in substitute
25	32		care while enrolled at another school;
26	33		(4) developing procedures to ensure that a new school
27	34		relies on decisions made by the previous school regarding placement
28	35		in courses or educational programs of a student who is homeless or
29	36		in substitute care and places the student in comparable courses or
30	37		educational programs at the new school, if those courses or
31	38		programs are available;
32	39		(5) promoting practices that facilitate access by a
33	40		student who is homeless or in substitute care to extracurricular
34	41		programs, summer programs, credit transfer services, electronic
35	42		courses provided under Chapter 30A, and after-school tutoring
36	43		programs at nominal or no cost;
37	44		(6) establishing procedures to lessen the adverse
38	45		impact of the movement of a student who is homeless or in substitute
39	46		care to a new school;
40	47		(7) entering into a memorandum of understanding with
41	48		the Department of Family and Protective Services regarding the
42	49		exchange of information as appropriate to facilitate the transition
43	50		of students in substitute care from one school to another;
44	51		(8) encouraging school districts and open-enrollment
45	52		charter schools to provide services for a student who is homeless or
46	53		in substitute care in transition when applying for admission to
47	54		postsecondary study and when seeking sources of funding for
48	55		postsecondary study;
49	56		(9) requiring school districts, campuses, and
50	57		open-enrollment charter schools to accept a referral for special
51	58		education services made for a student who is homeless or in
52	59		substitute care by a school previously attended by the student, and
53	60		to provide comparable services to the student during the referral
54	61		process or until the new school develops an individualized
55	62		education program for the student;
56	63		(10) requiring school districts, campuses, and
57	64		open-enrollment charter schools to provide notice to the child's
58	65		educational decision-maker and caseworker regarding events that
59	66		may significantly impact the education of a child, including:
60	67		(A) requests or referrals for an evaluation under
61	68		Section 504, Rehabilitation Act of 1973 (29 U.S.C. Section 794), or
62	69		special education under Section 29.003;
63	70		(B) admission, review, and dismissal committee
64	71		meetings;
65	72		(C) manifestation determination reviews required
66	73		by Section 37.004(b);
67	74		(D) any disciplinary actions under Chapter 37 for
68	75		which parental notice is required;
69	76		(E) citations issued for Class C misdemeanor
70	77		offenses on school property or at school-sponsored activities;
71	78		(F) reports of restraint and seclusion required
72	79		by Section 37.0021; [and]
73	80		(G) use of corporal punishment as provided by
74	81		Section 37.0011; and
75	82		(H) appointment of a surrogate parent for the
76	83		child under Section 29.0151;
77	84		(11) developing procedures for allowing a student who
78	85		is homeless or in substitute care who was previously enrolled in a
79	86		course required for graduation the opportunity, to the extent
80	87		practicable, to complete the course, at no cost to the student,
81	88		before the beginning of the next school year;
82	89		(12) ensuring that a student who is homeless or in
83	90		substitute care who is not likely to receive a high school diploma
84	91		before the fifth school year following the student's enrollment in
85	92		grade nine, as determined by the district, has the student's course
86	93		credit accrual and personal graduation plan reviewed;
87	94		(13) ensuring that a student in substitute care who is
88	95		in grade 11 or 12 be provided information regarding tuition and fee
89	96		exemptions under Section 54.366 for dual-credit or other courses
90	97		provided by a public institution of higher education for which a
91	98		high school student may earn joint high school and college credit;
92	99		(14) designating at least one agency employee to act
93	100		as a liaison officer regarding educational issues related to
94	101		students in the conservatorship of the Department of Family and
95	102		Protective Services; and
96	103		(15) providing other assistance as identified by the
97	104		agency.
98	105		SECTION 2. Section 29.0151, Education Code, is amended by
99	106		amending Subsections (c), (f), and (g) and adding Subsection (e-1)
100	107		to read as follows:
101	108		(c) A surrogate parent appointed by a school district may
102	109		not:
103	110		(1) be an employee of the agency [state], the school
104	111		district, or any other agency involved in the education or care of
105	112		the child; or
106	113		(2) have any interest that conflicts with the
107	114		interests of the child.
108	115		(e-1) As soon as practicable after appointing a surrogate
109	116		parent under this section, a school district shall provide written
110	117		notice of the appointment to the child's educational decision-maker
111	118		and caseworker as required under Section 25.007(b)(10)(H).
112	119		(f) If a court appoints a surrogate parent for a child with a
113	120		disability under Section 263.0025, Family Code, and the school
114	121		district determines that the surrogate parent [is failing to
115	122		perform or] is not properly performing the duties listed under
116	123		Subsection (d), the district shall consult with the Department of
117	124		Family and Protective Services regarding whether [and appoint]
118	125		another person should be appointed to serve as the surrogate parent
119	126		for the child.
120	127		(g) On receiving notice from a school district under
121	128		Subsection (f), if the Department of Family and Protective Services
122	129		agrees with the district that [must promptly notify the court of the
123	130		failure of] the appointed surrogate parent is unable or unwilling
124	131		to properly perform the duties required under this section:
125	132		(1) the department shall promptly notify the court of
126	133		the agreement; and
127	134		(2) as soon as practicable after receiving notice
128	135		under Subdivision (1), the court shall:
129	136		(A) review the appointment; and
130	137		(B) enter any orders necessary to ensure the
131	138		child has a surrogate parent who performs the duties required under
132	139		this section.
133	140		SECTION 3. This Act takes effect immediately if it receives
134	141		a vote of two-thirds of all the members elected to each house, as
135	142		provided by Section 39, Article III, Texas Constitution. If this
136	143		Act does not receive the vote necessary for immediate effect, this
137	144		Act takes effect September 1, 2019.
138		-	______________________________ ______________________________
139		-	President of the Senate Speaker of the House
140		-	I certify that H.B. No. 1709 was passed by the House on April
141		-	10, 2019, by the following vote: Yeas 147, Nays 0, 1 present, not
142		-	voting.
143		-	______________________________
144		-	Chief Clerk of the House
145		-	I certify that H.B. No. 1709 was passed by the Senate on May
146		-	22, 2019, by the following vote: Yeas 31, Nays 0.
147		-	______________________________
148		-	Secretary of the Senate
149		-	APPROVED: _____________________
150		-	Date
151		-	_____________________
152		-	Governor
	145	+	* * * * *